Final Order 1

Order Details: Copy of Judgment
Pdf Text: Summary Suit No.218 of 2020
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Judgment
MHCC010022502020 Presented on : 31.01.2020
Registered on : 18.02.2020
Decided on : 08.04.2026
Duration : 06 Y : 02 M : 08 D
Exhibit : 17
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.218 OF 2020
Newlook Constructions Private Limited,
having its registered office at 3, Siddharth Nagar,
Ground Floor, Mumbai Marathi Granth Sangrahalaya
Marg, Dadar (E), Mumbai – 400 014.
Through Authorized representative
Mr. Bharat R. Shah
Plaintiff
VERSUS
Mr. Satish Dhondiram Chavan,
Age : Not known, Bhavya Supreme, ‘B’ Wing, Flat
No.604, 6th Floor, at Junction of G. D. Ambekar Marg,
Parel, Mumbai – 400 012.
Defendants.
Appearances :
Adv. Dinesh Mishra : for Plaintiff.
Ex-parte. : for Defendant.
CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 8th April, 2026
J U D G M E N T
(Ex-parte)
This is a suit under Order XXXVII, Rule.2 of C.P.C for
recovery of Rs.6,53,986/- with 21% p.a on the principal amount of
Rs.5,18,000/- as arrears of maintenance based on invoices. The suit is
filed by authorized representative Mr. Bharat Ramanlal Shah.
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2. The brief facts necessary to decide the suit is that:
They are in the business of construction and development
work. They had constructed building No.4 known as “Bhavya Supreme”.
On 31.07.2013 an agreement to sale was entered between them and
one M/s. Sahajanand Enterprises in respect of flat No.604, ‘B’ Wing,
admeasuring 1092 sq.fts. with two parking slots. On 05.11.2015 M/s.
Sahajanand Enterprises executed sale deed of said flat with defendant.
As per the terms of the agreement the defendant was to pay all
maintenance and out goings in respect of the said flat to plaintiff.
However, since 01.09.2017 till filing of the suit, defendant failed to
make the payment. Till filing of the suit no co-operative society, limited
company or condominium of apartment was formed in respect of
Bhavya Supreme. Hence, the plaintiffs were bearing all the maintenance
and out going charges of the flat.
3. As defendant failed to pay maintenance charges, invoice
No.NL/137/2019/TI dated 04.06.2019 was raised wherein defendant
was requested to pay Rs.4,75,543/- towards maintenance charges with
interest. As it was not complied with again invoice No.ML/238/2009
dated 22.08.2019 was raised requesting the defendant to pay
Rs.5,15,024/- including interest. On 01.10.2019 legal notice was issued.
Again to give last chance invoice No.NL/604/2021 dated 01.11.2019
demanding Rs.6,08,194/- with interest was made which defendant
failed to pay. Hence, suit.
4. The defendant was duly served, however, he failed to
appear, hence, by an order dated 22.11.2021 suit was directed to
proceed ex-parte.
5. In view of the pleadings, following points arise for my
consideration and determination to which I have given my findings
alongwith reasons as under:
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Judgment
Sr. Points Findings
1. Are plaintiffs entitled for recovery of Rs.6,53,986/-
with 21% p.a from defendant?
Partly
Affirmative.
2. What decree ? What order ? As per final
order.
REASONS
6. In order to prove the suit claim, plaintiff company
examined Mr. Kushal Navinchandra Gosal (Authorized Representative)
vide Exh.06. They placed reliance on the following documents namely,
extract of Board Resolution (Exh.08), Agreement for Sale (Exh.09), Sale
Deed (Exh.10), Invoices (Exh.11 Colly), Legal Notice (Exh.12), Postal
Receipts (Exh.13), Envelop (Exh.14) and Invoice (Exh.15).
AS TO POINT NO.1 :
7. Heard Adv. Dinesh Mishra for plaintiff. Gone through the record.
The plaintiff claimed arrears of maintenance amount from 01.09.2017
to 31.12.2019 is pending. According to Adv. Mishra till the society was
not formed, plaintiff being the developer was entitled to maintenance
charges. The defendant who purchased flat from M/s. Sahajanand
Enterprises failed to pay the maintenance charges from 01.09.2017 till
filing of the suit inspite of invoices being raised. Gone through the
agreement for sale Exh.09 between plaintiff and M/s. Sahajanand
Enterprises and Sale Deed (Exh.10) between M/s. Sahajanand
Enterprises and defendant.
8. As per Clause No.19 of the Agreement for Sale, the
purchaser was liable to pay the maintenance charges. According to Adv.
Mishra Rs.37,500/- was the quarterly maintenance charges. The
invoices Exh.11 Colly and Exh.15 reveals the same were issued to
defendant. However, he failed to pay the charges. Even the legal notice
Exh.12 returned unserved with remark unclaimed. The pleadings as
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well as the evidence affidavit in absence of written statement and cross-
examination have gone unchallenged. Therefore, the unchallenged
evidence and pleadings will have to be accepted. As per plaintiff,
Rs.6,53,986/- is the outstanding amount which went unchallenged.
Thus, liability is proved. As per Clause 19 interest of 21% p.a was
chargeable. However, it seems to be exorbitant. Hence, I am of the view
interest @ 9% p.a on the principal amount of Rs.5,18,000/- would be
reasonable rate of interest. Hence, point No.1 is answered partly in the
affirmative.
9. In the result, I proceed to pass following order.
ORDER
1. The Summary Suit No.218 of 2020 is partly decreed with costs.
2. The defendant is directed to pay to plaintiff Rs.6,53,986/- (Rupees
Six Lakhs Fifty Three Thousand Nine Hundred and Eighty Six Only)
with 9% p.a on the principal amount of Rs.5,18,000/- from the
date of filing of the suit till realization.
3. The decree be drawn up accordingly.
4. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:08.04.2026. City Civil Court, Mazgaon,
MUMBAI
Dictated on : 08.04.2026
Transcribed on : 08.04.2026
checked on : 08.04.2026
Signed on : 08.04.2026.
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.04.2026 at 5.45 p.m.
UPLOAD DATE AND TIME
(Mrs. Manisha Srinath)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
08.04.2026
Judgment/order signed by P.O. on 08.04.2026
Judgment/order uploaded on 08.04.2026
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